Tipu Sekh @ Tipu Sk And Another v. State Of West Bengal

20.09.2021 Serial no. 08 Dd (Through Video Conference) CRM 5959 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 7th September, 2021 in connection with Special 2/21 Katwa Police Station Case No. 100 of 2021 dated 05.04.2021 under Sections 363/ 365/ 120B of the Indian Penal Code and Section 4 of POSCO Act.

-AndIn the matter of : Tipu Sekh @ Tipu Sk & Anr. ... ...Petitioners Mr. Imtiaz Ahmed, Mr. Mofakkerul Islam Mr. Ahazala Firdaus Ms. Smita Saha Sk. Saidullah, Ms. Arunima Mukhapadhyay Mr. Debopam Roy, Advocates ... ... For the Petitioners Mr. Saibal Bapuli, APP Mr. Bibaswan Bhattacharya, Advocate ... ...For the State Petitioners seek bail.

Learned advocate appearing for the petitioners submits that the petitioners are in custody in excess of 150 days. He submits that since the police submitted charge sheet, further detention of the petitioners is not required. Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Cr. P.C.

Considering the statements recorded under Section 164 of the Cr.P.C. and considering the fact that police submitted charge sheet in the proceeding, we are inclined to grant bail to the petitioners.

Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000- (Rupees Ten Thousand only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Sessions Special Judge, 1st Court, Katwa subject to condition that the petitioners shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioners in accordance with law without further reference to this Court. The prayer for bail is allowed.

CRM 5959 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)